IN THE SUPREME COURT OF FLORIDA WILLIAM E. WILLIAMSON, v. Petitioner, Case No. SC08-2192 STATE OF FLORIDA, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE TALLAHASSEE BUREAU CHIEF CRIMINAL APPEALS FLORIDA BAR NO. O45489 JOSHUA R. HELLER ASSISTANT ATTORNEY GENERAL FLORIDA BAR NO. 0502901 OFFICE OF THE ATTORNEY GENERAL PL-01, THE CAPITOL TALLAHASSEE, FL 32399-1050 (850) 414-3300 (850) 922-6674 (FAX) COUNSEL FOR RESPONDENT
TABLE OF CONTENTS PAGE(S) TABLE OF CONTENTS... i TABLE OF CITATIONS... ii PRELIMINARY STATEMENT... 1 STATEMENT OF THE CASE AND FACTS... 1 SUMMARY OF ARGUMENT... 2 ARGUMENT... 3 ISSUE... 3 WHETHER THIS COURT HAS JURDICTION TO REVIEW PETITIONER S NOTICE INVOKING DISCRETIONARY JURISDICTION OF FIRST DISTRICT S PER CURIAM AFFIRMANCE WITHOUT WRITTEN OPINION? (Restated)... 3 CONCLUSION... 5 SIGNATURE OF ATTORNEY AND CERTIFICATE OF SERVICE... 5 CERTIFICATE OF COMPLIANCE... 6 APPENDIX... 7 i
TABLE OF CITATIONS CASES PAGE(S) Ansin v. Thurston, 101 So. 2d 808 (Fla. 1958)...4 Department of Health and Rehabilitative Services v. National Adoption Counseling Service, Inc., 498 So. 2d 888 (Fla. 1986)...3 Williamson v. State, 992 So. 2d 260 (Fla. 1 st DCA 2008))...1 Jenkins v. State, 385 So. 2d 1356 (Fla. 1980)...3 Reaves v. State, 485 So. 2d 829 (Fla. 1986)...3 Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002)...4 OTHER Article V, 3(b)(3), FLA. CONST...3 FLA. R. APP. P. 9.030(a)(2)(A)...3 FLA. R. APP. P. 9.210...6 ii
PRELIMINARY STATEMENT Respondent, the State of Florida, the Appellee in the District Court of Appeal (DCA) and the prosecuting authority in the trial court, will be referenced in this brief as Respondent, the prosecution, or the State. Petitioner, William E. Williamson, the Appellant in the DCA and the defendant in the trial court, will be referenced in this brief as Petitioner or proper name. "PJB" will designate Petitioner's Jurisdictional Brief. That symbol is followed by the appropriate page number. A bold typeface will be used to add emphasis. Italics appeared in original quotations, unless otherwise indicated. STATEMENT OF THE CASE AND FACTS On July 22, 2003, the First District Court of Appeal issued a per curiam affirmance without written opinion. Williamson v. State, 992 So. 2d 260 (Fla. 1 st DCA Oct. 23, 2008). 1
SUMMARY OF ARGUMENT In the case at bar, the First District Court of Appeals issued a per curiam affirmance without written opinion. Therefore, there can be no conflict of decisions, and this Court must dismiss this case for lack of jurisdiction. 2
ARGUMENT ISSUE WHETHER THIS COURT HAS JURDICTION TO REVIEW PETITIONER S NOTICE INVOKING DISCRETIONARY JURISDICTION OF FIRST DISTRICT S PER CURIAM AFFIRMANCE WITHOUT WRITTEN OPINION? (Restated) Petitioner contends that this Court has jurisdiction pursuant to Article V, 3(b)(3) of the Florida Constitution. See also FLA. R. APP. P. 9.030(a)(2)(A)(iv). The Constitution provides: The supreme court... [m]ay review any decision of a district court of appeal... that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law. The conflict between decisions "must be express and direct" and "must appear within the four corners of the majority decision." Reaves v. State, 485 So. 2d 829, 830 (Fla. 1986). Accord Dept. of Health and Rehabilitative Services v. Nat'l Adoption Counseling Service, Inc., 498 So. 2d 888, 889 (Fla. 1986)(rejected "inherent" or "implied" conflict; dismissed petition). Neither the record, nor a concurring opinion, nor a dissenting opinion can be used to establish jurisdiction. Reaves, 485 So. 2d at 830; Jenkins v. State, 385 So.2d 1356, 1359 (Fla. 1980)("regardless of whether they are accompanied by a dissenting or concurring opinion"). Thus, conflict cannot be 3
based upon "unelaborated per curiam denials of relief," Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002). In addition, it is the "conflict of decisions, not conflict of opinions or reasons that supplies jurisdiction for review by certiorari." Jenkins, 385 So. 2d at 1359. In Ansin v. Thurston, 101 So. 2d 808, 810 (Fla. 1958), this Court explained: It was never intended that the district courts of appeal should be intermediate courts. The revision and modernization of the Florida judicial system at the appellate level was prompted by the great volume of cases reaching the Supreme Court and the consequent delay in the administration of justice. The new article embodies throughout its terms the idea of a Supreme Court which functions as a supervisory body in the judicial system for the State, exercising appellate power in certain specified areas essential to the settlement of issues of public importance and the preservation of uniformity of principle and practice, with review by the district courts in most instances being final and absolute. In the case at bar, the First District Court of Appeals issued a per curiam affirmance without written opinion. Therefore, there can be no conflict of decisions. Because there is no expressed and direct conflict, and this Court must dismiss this case for lack of jurisdiction. 4
CONCLUSION Based on the foregoing reason, the State respectfully requests this Honorable Court decline to exercise jurisdiction. SIGNATURE OF ATTORNEY AND CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to William E. Williamson, DOC# 110252, Okaloosa Correctional Institution, 3189 Little Silver Road, C-2204-L, Crestview, Florida 32539-6708, by MAIL on day of January 2009. Respectfully submitted and served, BILL MCCOLLUM ATTORNEY GENERAL TRISHA MEGGS PATE Tallahassee Bureau Chief, Criminal Appeals Florida Bar No. 045489 JOSHUA R. HELLER Assistant Attorney General Florida Bar No. 0502901 Attorneys for State of Florida Office of the Attorney General Pl-01, the Capitol Tallahassee, Fl 32399-1050 (850) 414-3300 (850) 922-6674 (Fax) [AGO# L08-1-33758] 5
CERTIFICATE OF COMPLIANCE I certify that this brief complies with the font requirements of Fla. R. App. P. 9.210. Joshua R. Heller Attorney for State of Florida 6
IN THE SUPREME COURT OF FLORIDA WILLIAM E. WILLIAMSON, v. Petitioner, Case No. SC08-2192 STATE OF FLORIDA, Respondent. / APPENDIX Williamson v. State, 992 So. 2d 260 (Fla. 1 st DCA Oct. 23, 2008). 7